New Jersey Special Civil Part, Small Claims Division Procedures

Filing a claim in the New Jersey Special Civil Part, Small Claims Section, the court that handles small claims matters in New Jersey, can be a straightforward and inexpensive way to settle a dispute. But you must follow the rules to prevail.

Below are answers to some common questions about the New Jersey Special Civil Part, Small Claims Section process. You'll learn about preparing and presenting your case, appealing a small claims decision, and collecting a money judgment. You'll also find links to more helpful small claims information at the end of the article.

How Does New Jersey Small Claims Court Work?

A small claims case starts by filing a claim with the New Jersey Special Civil Part, Small Claims Section. You'll serve a copy of the claim and court date on the "defendant," the person or company you're suing.

At the trial, you'll present evidence supporting your case. In response, the defendant could present a defense to your action or, if the defendant filed a counterclaim, submit evidence proving you owe the defendant money.

The judge will issue a money judgment to whoever proves they're entitled to an award. The money judgment allows the creditor to collect using property liens, wage garnishments, bank account levies, and property seizures.

What Is the Small Claims Court Limit in the New Jersey Special Civil Part, Small Claims Section?

You can ask for up to $5,000 in a small claims action in the New Jersey Special Civil Part, Small Claims Section. Plaintiffs with claims exceeding the limit can use small claims court if they're willing to accept the $5,000 maximum. Otherwise, they must file in a higher court. (New Jersey Rules of Court, Rule 6:1-2 (2025).)

Can a Landlord Bring an Eviction Lawsuit in a New Jersey Small Claims Court?

The small claims division of the Small Claims Section of the New Jersey Special Civil Part Court doesn't hear evictions. Landlords must file eviction lawsuits in the Landlord/Tenant Section instead.

However, the Small Claims Section is an excellent forum for other cases typically brought in small claims courts, such as property damage cases and breach of contract disputes.

Which New Jersey Special Civil Part, Small Claims Section Should I File My Small Claims Action in?

New Jersey has many Special Civil Part Courts with Small Claims Sections, but you can't always pick the most convenient location. You must choose the proper court location (or "venue"). Otherwise, the defendant can ask the court to transfer or dismiss your action. In New Jersey, you can file in the following counties:

• where at least one individual defendant resides
• where a business entity's registered office is located or where the company is doing business, or
• in security deposit claims, where the landlord lives or the rental property is located.

(New Jersey Rules of Court, Rule 6:1-3 (2025).)

Go to New Jersey's New Jersey's business records service webpage for company information. You might have other options, depending on your case. Most courts post venue rules on the court website.

How Much Time Do I Have to File a Case in Small Claims Court in New Jersey?

You don't have an unlimited amount of time to file a lawsuit. You'll have to bring it within the statute of limitations period for the case type. But pinning down how much time you have to file isn't always as simple as reading the statute of limitations.

The time can stop and restart depending on various circumstances, and figuring out when it expires can be challenging. The process is known as "tolling" the statute of limitations, and it happens when a plaintiff or defendant is unavailable for a lawsuit. For instance, the personal injury statute of limitations typically won't begin running on a minor's injury until the child reaches 18 years of age and can sue without the help of a guardian. Learn more about calculating the statute of limitations and whether it's too late to sue.

Can an Attorney Represent a Small Claims Claimant in New Jersey?

In New Jersey, lawyers can appear on behalf of the parties in a small claims action. But you aren't required to hire a lawyer. Small claims court is more relaxed and easier to navigate than higher courts, and most people are comfortable pursuing claims "in pro per," or without counsel.

Does the Defendant Need to Answer the Small Claims Complaint?

Written responses are not allowed in New Jersey small claims matters. However, you should check with your court to determine if there is anything you must do to avoid an automatic loss and default judgment. (New Jersey Rules of Court, Rule 6:3-1 (2025).)

Learn what happens if you get sued in small claims court.

Will I Have a Judge or Jury Trial in Small Claims Court in New Jersey?

Jury trials aren't allowed, so a judge will hear your small claims hearing. A defendant can ask for a jury trial and transfer the case to the regular division of the court. The request must be made at least five days before return of summons. Be prepared to pay additional fees to help offset the costs of the jury. You'll lose your right to a jury trial if you fail to file the request and pay the fees before the deadline. (New Jersey Rules of Court, Rule 6:5-3 (2025).)

How to Prepare and Present a New Jersey Special Civil Part, Small Claims Section Case

You'll want to explain what happened and present evidence supporting your version of the events and the amount of money lost.

What Do I Need to Prove in My Small Claims Case?

It will depend on the type of case. In most instances, you'll need to prove that the person you're suing harmed you and the amount of money it will take to right the situation. Research the "elements" of your case type to determine exactly what you must prove.

Tip. One of the most important things people forget to do is prove how much they're out of pocket. For instance, you'll likely provide medical bills if you were injured and repair estimates if you suffered property damage. Make sure you can prove how much it will take to fix the problem.

What Type of Evidence Should I Present in Small Claims Court?

If you're suing someone who didn't comply with a written contract, you'll need copies of the contract and any correspondence exchanged about it. You might also want to present photos of shoddy work or damaged property.

If someone witnessed an event, bring them in. You might also need expert testimony to establish the defendant caused the problem if it isn't something that can be inferred. For instance, only a medical professional can testify about the cause of an illness or injury, and you'd need a mechanic to verify most automotive repairs. Check with the court to see if you can provide a statement made under oath if the person is unavailable or charges too much for in-person testimony.

Learn about gathering evidence in support of your small claims case.

How Should I Organize My Small Claims Presentation?

After providing the judge with a short case description, you'll likely present the facts chronologically. If you're afraid you'll forget something or are worried you'll ramble on, write out your presentation and read it when it's your turn. However, you'll likely make a better impression if you speak naturally, using a bullet point list for reference when needed. Either way, practicing beforehand is the key to a polished presentation.

Also, it's best to cover each point concisely yet fully, with as little emotion as possible. You'll also want to avoid jumping in if the other side says something incorrect. Instead, make a note and address it when it is your turn to speak.

What Happens After Presenting a New Jersey Small Claims Case

The court might announce the winner immediately after the trial, but it's more likely that you'll find out who prevailed by mail. Your next steps will depend on whether you win or lose.

Can I Appeal a New Jersey Special Civil Part, Small Claims Section Case?

New Jersey law allows either party to file an appeal within 45 days of the date of judgment. Ask the court how you'll be notified of the judgment and where to find the judgment date. In many small claims courts, the clerk sends a notification by mail, but the procedure used by your court could be different. You must comply with this and other rules, so do your research and count the dates accurately, or talk with a local attorney. (New Jersey Rules of Court, Rule 2:4-1 (2025).)

Example. Warren received the small claims judgment in the mail and filed an appeal 45 days later. Warren missed the deadline to file the appeal because the date of judgment was 50 days before. Warren failed to take into account mailing time.

Will the Court Collect My Judgment for Me?

You'll be responsible for all collection efforts. Before pursuing a small claims court case, you'll want to evaluate whether the defendant has assets you can seize after winning the case. A debtor with nothing you can take is called "judgment proof," and pursuing an action won't make sense unless the debtor acquires property and income in the future.

Learn more about determining whether you can collect before suing in small claims court.

Can State Exemption Laws Stop Me From Seizing the Defendant's Property?

Every state allows debtors to protect essential property from creditors, such as household goods, a percentage of income, and some equity in a car and home, although the specific property protected varies greatly. You'll find these protections in your state's exemption statutes. In most states, the same exemptions protect assets from creditors in and outside bankruptcy.

Learn more about why you shouldn't sue unless you can collect the judgment.

More Information About New Jersey Small Claims Court

Most courts publish filing instructions on the court website or provide self-help services. For additional resources, try the New Jersey Courts' small claims webpage. You can also view New Jersey statutes on the New Jersey Department of State's website and the state's court rules on the New Jersey Courts' website. (See, especially, N.J. Stat. §§ 2A 18-66, 67, 69, 71; New Jersey Rules of Court, Rules 1:40-6; 2:4-1; 6:1 to 6:12-2.)

For detailed help with case filing, court strategy, and collecting a money judgment, see Everybody's Guide to Small Claims Court by Attorney Cara O'Neill (Nolo). And Nolo's small claims homepage is the best place to start if you have other questions.